[DOWNLOAD] "Irvin v. Laxmi" by Supreme Court of Georgia * eBook PDF Kindle ePub Free
eBook details
- Title: Irvin v. Laxmi
- Author : Supreme Court of Georgia
- Release Date : January 05, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
In this appeal, adjoining property owners dispute the scope of express easements to a private alley and a parking lot. The trial court ruled that Laxmi, as holder of the easement, may bury a propane tank in the alley and erect curbing in the parking lot. Because the easements do not grant the unrestricted right to construct curbing and the trial court did not determine the alley's location, we reverse and remand. In 1967, Irvin's predecessor-in-title conveyed by warranty deed a 0.18 acre lot and easement to Laxmi's predecessor-in-title to permit a motel expansion near the corner of Highway 441 and Warwoman Road in Clayton, Georgia. 1 The warranty deed easement gave Laxmi the right ""to use the 20-foot private alley . . . in common"" with Irvin. On the same day, a separate agreement between the same parties conveyed the Z-3 Easement, which created a perpetual easement for Laxmi to use a parking area in common with Irvin on land south of the 0.18 acre lot and adjacent to Rickman Street and prohibited Irvin from building within 200 feet east of the parking area to provide additional parking space. In 1970, another document granted Laxmi the Q-4 Easement to ""construct and maintain curbing, sidewalks, signs, and shrubbery"" on the land west of the 0.18 acre tract to Highway 441. After both owners began improving their properties in 1995, they filed declaratory judgment actions concerning the extent of the easements. The trial court ruled that Laxmi may bury its propane tank in the private alley and construct the proposed curbing in the parking lot. Irvin appeals these rulings and, in the cross-appeal, Laxmi challenges the trial court's failure to define the alley.